DHANWANTI Vs. RAMA

JUDGEMENT

(1.) THIS is a defendant's appeal against judgement and decree dated 28-11-1969 passed by Civil Judge, Azamgarh in Civil Appeal No. 483 of 1966.

(2.) THE subject-matter of dispute is some bamboo clumps and a few trees. THE case of the respondent was that these trees and bamboo clumps were planted by his ancestor, that he was the owner of the said bamboo clumps and trees, that the appellant created trouble in his possession, that there took place proceedings under S.145, Cr. P.C. between the parties which ended in favour of the appellant, and that, therefore, he was compelled to file a suit for permanent injunction restraining the appellant from interfering with his possession. THE respondent claimed decree for permanent injunction only. THE appellant contested the suit that she was owner of the bamboo clumps and the trees, that the respondent had no concern with them and that relief claimed was hit by S.42 of the Specific Relief Act.

(3.) THE learned counsel for the appellant firstly urged that as the respondent had not claimed possession in the suit, the mere suit for injunction was not maintainable.